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2025 DAILYLAW 22701 (JHR)

VINAY KUMAR TIWARI ALIAS GUDDU v. THE STATE OF JHARKHAND

A.B.A./5672/2024 · 2025-04-29

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:12857 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5672 of 2024 ------ Vinay Kumar Tiwari @ Guddu, son of Kamlakant Tiwari, resident of near Kali Mandir, Rani Bagicha, PO and PS Ratu, District Ranchi … … Petitioner Versus 1.The State of Jharkhand. 2.Mantosh Kumar, s/o Harishankar Pd., village Opa, PS Chanho, District Ranchi … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Nilesh Kumar, Advocate. For the State : Mr. Rakesh Ranjan, A.P.P. ----- 07/ 29.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 406, 420, 506/34 of the Indian Penal Code. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation against this petitioner is that the sister-in- law of the petitioner sold the land along with the building to the informant. There was an understanding that she will vacate the premises in question. It is alleged that when the informant had gone to take possession of the house and the land, this petitioner and others did not vacate the said premises. 5. From the allegation it is apparent that the dispute is prima-facie civil in nature and it primarily relates to eviction which has been given a colour of criminal case. 6. Considering the aforesaid fact, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date 2025:JHHC:12857 2 of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate at Ranchi, in connection with Chanho P.S. Case No.7 of 2023, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Tanuj/Cp-3